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Child Support

Family Law
15 Jul 2010

Child Support is financial assistance designed to maintain a certain lifestyle for the children.  The money is to be used for the children's financial needs (clothes, food, shelter etc).  In practicality, there is no way to control what the custodial parent (parent who lives with the child) does with the money. 

Every state requires payment of Child Support by the noncustodial parent.  It is based upon the gross income (before taxes) of the parent who does not live with the children.    For example, in New York State one child = 17%, two children = 25% etc.  Additionally, Fica and State taxes are deducted from the gross.

The child's afterschool activities, childcare, private education may be considered where appropriate and each parent pays based upon a proportionate share of their respective incomes.

Child Support is usually paid until the children reach 18 or 21 depending on your state.  In New York it is up to age 21.  In Arizona it is up to the age of 18.  Also, note that child support can go back 3 years under certain circumstances in Arizona.

Tip:  Where the parent living with the child is receiving Social Services that parent assigns his/her right to receive Child Support to Social Services (Welfare).

Tip:  Where the parents were not married, a Paternity Petition must be filed for the court to issue an order declaring Paternity. 

 Tip:  A Child Support Order can be issued by one State and enforced by a different State.

This Article is provided for general information only.  It does not constitute legal advice.  Nor does it give rise to an attorney client relationship.

Fabiola Jean-Gilles, Esq.